with this Act, apply to every Commissioner or Justice mentioned in this Act or empowered to try offenders against this Act, and any such Commissioner shall be deemed a Justice of the Peace within the meaning of any such Law, whether he be or be not a Justice of the Peace for other purposes. 19. Any action brought against any Commissioner or Justice, Limitation of Constable, Peace Officer, or other person, for any thing done in actions against persons acting pursuance of this Act, must be commenced within six months under this Act. next after the fact; and the venue shall be laid or the action instituted in the District or County or place where the fact was committed, and the Defendant may plead the general issue and give this Act and the special matter in evidence; and if such action is brought after the time limited, or the venue is laid or the action brought in any other District, County or place than as above prescribed, the judgment or verdict shall be given for the Defendant; and in such case, or if the judgment or verdict is given for the Defendant on the merits, or if the Plaintiff becomes nonsuit or discontinues after appearance is entered, or has judgment rendered against him on demurrer, the Defendant shall be entitled to recover double costs. 20. No action or other proceeding, Warrant, Judgment, Order or Defect of form other instrument or Writing, authorized by this Act, or necessary not to make proceedings to carry out its provisions, shall be held void, or be allowed to void. fail for defect of form. 21. In this Act the word " Commissioner means a Commis- Interpretation sioner under this Act; the word "weapon" includes every kind clauso. of weapon mentioned or included in the second section of this Act, and all ammunition which can be used with or for any such weapon, and any instrument or thing intended to be used as a weapon; the expression "intoxicating liquor" means and includes every kind of liquor mentioned or included in the twelfth section of this Act; and the expression "District, County or Place," includes any division of any Province, for the purposes of the administration of justice in the matter to which the context relates. 22. This Act shall commence and take effect on the first day when this Act of July, in the year of Our Lord one thousand eight hundred and shall take and sixty-nine. CAP. XXV. An Act respecting certain offences relative to Her Majesty's Army and Navy. effect. [Assented to 22nd June, 1869.] HR ER Majesty, by and with the advice and consent of the Preamble. Penalty for enticing sol diers or sailors to desert. How recoverable. Penalty for receiving regimental necessaries, &c. Recovery thereof. Penalty for 1. Whosoever not being an enlisted soldier in Her Majesty's Service or a seaman in Her Majesty's Naval Service, by words or with money, or by any other means whatsoever, directly or indirectly persuades or procures, or goes about or endeavours to persuade, prevail on or procure any such soldier or seaman to desert or leave Her Majesty's Military or Naval service, or conceals, receives or assists any deserter from Her Majesty's Military or Naval service, knowing him to be such deserter, may be convicted thereof in a summary manner before any two Justices of the Peace, or before the Mayor of any City and any one Justice of the Peace, or before any Recorder, Judge of the Sessions of the Peace or Police Magistrate, on the evidence of one or more credible witness or witnesses, and shall then be liable to a penalty not less than eighty dollars, nor more than two hundred dollars, in the discretion of the Court before which the conviction takes place, with costs, and in default of payment may be committed to gaol for any period not exceeding six months, or until such penalty is paid. 2. Whosoever buys, exchanges or detains or otherwise receives from any soldier or deserter, any arms, clothing or furniture belonging to Her Majesty, or any such articles belonging to any soldier or deserter as are generally deemed regimental necessaries, according to the custom of the army, or causes the colour of such clothing or articles to be changed, or exchanges, buys or receives from any soldier any provisions, without leave in writing from the officer commanding the regiment or detachment to which such soldier belongs, may be convicted thereof in the manner mentioned in the next preceding section, and shall then be liable to a penalty of not less than twenty dollars nor more than forty dollars and costs, and in default of payment be committed to gaol for a period not exceeding nine months, or until such penalty is paid. receiving ne- from cessaries from marines or seamen. Recovery thereof. Appropria tions of pecuniary penalties. Offender may be prosecuted for a misdemeanor. 3. Whosoever buys, exchanges, or detains or otherwise receives any seaman or marine, upon any account whatever, or has in his possession, any arms or clothing, or any such articles belonging to any seaman, marine or deserter, as are generally deemed necessaries, according to the custom of the navy, may be convicted thereof in the manner mentioned in the next preceding section but one, and shall then be liable to a penalty, not less than sixty dollars nor more than one hundred and twenty dollars and costs, and in default of payment shall be committed to gaol for a term not exceeding nine months, or until such penalty is paid. 4. One-half the amount of any penalty imposed under any of the preceding sections shall be paid over to the prosecutor or person by whose means the offender has been convicted, and the other moiety shall belong to the Crown. 5. Every offence against the preceding sections of this Act is a misdemeanor, and may be prosecuted as such, and the offender convicted shall then be liable to punishment by fine and imprisonment in the discretion of the Court, and nothing in this Act shall shall be construed to prevent any person being prosecuted, convicted and punished under any Act of the Imperial Parliament in force in Canada; but no person shall be twice punished for the same offence. of witnesses 6. The examination of any soldier, seaman, or marine liable to Examination be ordered from the Province in which any offence against this about to leave Act is prosecuted, or of any witness sick, infirm, or about to leave the Province. such Province, may be taken de bene esse before any Commissioner or other proper authority, in like manner as depositions in civil cases may be taken. of suspected 7. Any person reasonably suspected of being a deserter from Apprehension Her Majesty's service may be apprehended and brought for deserters. examination before any Justice of the Peace, and if it appears that he is a deserter, he shall be confined in gaol until claimed by the military or naval authorities, or, proceeded against according to law. 8. No person shall break open any building to search for a Warrant redeserter unless he has obtained a warrant for that quired to entor purpose from a building in a Justice of the Peace, such warrant to be founded on affidavit search of that there is reason to believe that the deserter is concealed deserters. in such building, and that admittance has been demanded and refused; and any person resisting the execution of any such warrant shall thereby incur a penalty of eighty dollars, recoverable on summary conviction in like manner as other penalties under this Act. Warrant to apprehend 9. Any Justice of the Peace, upon information on oath or affirmation, may issue a warrant for the apprehension of any offenders. person charged with an offence against this Act, as in the case of other offences against the law. CAP. XXVI. An Act for the better protection of Her Majesty's Military and Naval Stores. H1 [Assented to 22nd June, 1869.] ER Majesty, by and with the advice and consent of the Preamble. follows: 1. The marks described in the schedule to this Act may be Marks to be applied in or on Her Majesty's Naval, Military, Ordnance, Bar- used on H. M. rack, Hospital, and Victualling stores, to denote Her Majesty's property in stores so marked. stores. Who may apply such marks. Unlawfully using such 2. The Admiralty and War Department, their contractors, officers and workmen, may apply the said marks, or any of them, in or on any such stores as are described in the said schedule. 3. Whosoever, without any lawful authority (proof of which marks, a mis- authority shall lie on the party accused), applies any of the said marks in or on any such or any like stores, is guilty of a misdemeanor, and shall be liable to be imprisoned for any term less than two years, with or without hard labour. demeanor. Unlawfully obliterating or concealing such mark, felony. Unlawfully keeping or selling stores so marked, 4. Whosoever, with intent to conceal Her Majesty's property, in any Naval, Military, Ordnance, Barrack, Hospital or Victualling stores, takes out, destroys or obliterates, wholly or in part, any such mark as aforesaid, is guilty of felony, and shall be liable to be imprisoned for any term less than two years, with or without hard labour, and with or without solitary confinement. 5. Whosoever, without lawful authority (proof of which authority shall lie on the party accused), receives, possesses, keeps, sells or delivers any Naval, Military, Ordnance, Barrack, Hospital or misdemeanor. Victualling stores, bearing any such mark as aforesaid, knowing them to bear such mark, is guilty of a misdemeanor, and shall be liable to be imprisoned for any term not exceeding one year, with or without hard labour. Knowledge that goods bear mark, presumed shewn. 6. Where the person charged with such a misdemeanor as last aforesaid was, at the time at which the offence is charged to have been committed, a dealer in marine stores, or a dealer in old metals, until contrary or in Her Majesty's service or employment, knowledge on his part that the stores to which the charge relates bore such mark as aforesaid, shall be presumed until the contrary is shewn. Where value 7. Any person charged with such misdemeanor as last aforeof stores does said in relation to stores, the value of which does not exceed not exceed $25, case to be tried twenty-five dollars, shall be liable, on summary conviction before summarily. two Justices of the Peace, or any Recorder, Stipendiary Magistrate, or Police Magistrate, or the City Court of Halifax, to a penalty not exceeding one hundred dollars, or in the discretion of the Court, or Justices or Magistrate, to be imprisoned for any term not exceeding six months, with or without hard labour. Persons in sion stores 8. In order to prevent a failure of justice in some cases, by reawhose posses- son of the difficulty of proving knowledge of the fact that stores with mark are bore such a mark as aforesaid, if any Naval, Military, Ordnance, found, must Barrack, Hospital or Victualling stores, bearing any such mark, they obtained are found in the possession of any person not being a dealer in them lawfully. marine stores, or a dealer in old metals, and not being in Her prove that Majesty's service, and such person, when taken or summoned before two Justices of the Peace, Recorder, Stipendiary Magistrate, or Police Magistrate, or the City Court of Halifax, does not satisfy the Justices, Recorder, Magistrate, or the Court, that he came came by the stores so found lawfully, he shall be liable, on conviction, to a penalty not exceeding twenty-five dollars; and if any such person satisfies the Justices, Recorder, Stipendiary or Police Magistrate or Court, that he came by the stores so found lawfully, the Justices, Recorder, Magistrate or Court, at their discretion, as the evidence given or the circumstances of the case require, may summon before them every person through whose hands such stores appear to have passed; and if any person as last aforesaid, who has had possession thereof, does not satisfy the Justices, Former posRecorder, Stipendiary or Police Magistrate or Court, that he came sessor may be by the same lawfully, he shall be liable, on conviction of having had possession thereof, to a penalty not exceeding twenty-five dol- And liable to lars, and in default of payment, to imprisonment for any period conviction. not exceeding three months, with or without hard labour. summoned. deemed pos session. 9. For the purposes of this Act, stores shall be deemed to be in What shall be the possession or keeping of any person, if he knowingly has them in the actual possession or keeping of any other person, or in any house, building, lodging, apartment, field or place, open or enclosed, whether occupied by himself or not, and whether the same are so had for his own use or benefit or for the use or benefit of another. vessels, 10. It shall not be lawful for any person, without permission in Unlawful to writing from the Admiralty, or from some person authorized by &c., for stores creep, dredge, the Admiralty in that behalf, to creep, sweep, dredge or otherwise within 100 search for stores in the sea or any tidal or inland water, within yards of H.M. one hundred yards from any vessel belonging to Her Majesty or wharves, &c., in Her Majesty's service, or from any mooring place or anchoring without perplace appropriated to such vessels, or from any mooring belonging to Her Majesty, or from any of Her Majesty's wharves or docks, victualling or steam factory yards. mission. 11. Whosoever contravenes the next preceding section shall be Persons contravening last liable, on summary conviction before two Justices of the Peace, or section liable any Recorder, Stipendiary or Police Magistrate, or the City Court to summary of Halifax, to a penalty not exceeding twenty-five dollars, or to conviction. be imprisoned for any term not exceeding three months, with or without hard labour. 12. And it shall not be competent for any person other than Who only may the officer commanding the Naval or Military Forces in Canada prosecute. or some person acting under his authority, to institute or carry on under this Act any prosecution or proceeding for any offence against it. 13. Nothing in this Act shall prevent any person from being Nothing in indicted under this Act or otherwise, for any indictable offence this Act shall made punishable on summary conviction by this Act, or prevent prevent inany person from being liable under any other Act or otherwise, to under this or any other or higher penalty or punishment than is provided for any other Act. any offence by this Act, so that no person be punished twice for the same offence. dictment |